Disposed

Sri Ananda Gowda C v. the Managing Director

Karnataka HC12 Aug 2024WP/18334/2013

Case brief

AI extract

What is this about?

Cross writ petitions arising from a Labour Court award in a terminated employee's dispute were settled by joint memo; management paid legal heirs Rs.2,50,000 as full and final settlement, heirs gave up reinstatement, back wages, gratuity and other claims, and the Court disposed of both petitions.

What did the court decide?

Settlement recorded; cheque of Rs.2,50,000 handed over to legal heirs; both writ petitions disposed subject to realization of cheque; Labour Court award modified.

Sri Ananda Gowda C Vs the Managing Director — Labour and Industrial Disputes | Karnataka HC (2024)

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NC: 2024:KHC:32249 WP No. 18334 of 2013 C/W WP No. 11864 of 2012

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE K.S. HEMALEKHA

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WRIT PETITION NO. 18334 OF 2013 (L-TER)

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C/W

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WRIT PETITION NO. 11864 OF 2012 (L-TER) IN WP NO.18334/2013

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BETWEEN:

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SRI ANANDA GOWDA C.,

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SINCE DECEASED BY HIS LEGAL REPRESENTATIVES:

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1(A). SMT SUNANDA, W/O LATE ANANDA GOWDA C., AGED ABOUT 55 YEARS.

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1(B). SRI VINAY S.A., S/O LATE ANAND GOWDA C., AGED ABOUT 33 YEARS.

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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BOTH R/AT NO.C-480, VEERABHADRESHWARA NILAYA, SWANI VIVEKANANDA BADAVANE, NEAR MAHILA POLY-TECHNIC COLLEGE, GOPALA, SHIVAMOGGA - 577 205.

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…PETITIONERS

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(BY SRI. V.S. NAIK, ADVOCATE)

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AND:

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THE MANAGING DIRECTOR, THE HANUMAN TRANSPORT CO., (PVT) LIMITED, CHITHPADY,

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2 - NC: 2024:KHC:32249 WP No. 18334 of 2013 C/W WP No. 11864 of 2012

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UDUPI TALUK AND DISTRICT - 576 101.

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…RESPONDENT

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(BY SRI. B. MANJUNATHA, ADVOCATE)

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THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE LABOUR COURT, MANGALORE PERTAINING TO ANNX-A AND ETC.,

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IN WP NO.11864/2012:

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BETWEEN:

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THE MANAGING DIRECTOR, THE HANUMAN TRANSPORT CO., (PVT) LID., CHITHPADY,

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UDUPI TALUK AND DISTRICT-576 101.

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…PETITIONER

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(BY SRI. MANJUNATHA B., ADVOCATE)

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AND:

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SRI ANANDA GOWDA C., DEAD BY HIS LEGAL REPRESENTATIVES:

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1(A). SMT. SUNANDA, W/O LATE ANAND GOWDA. AGED ABOUT 58 YEARS.

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1(B). SRI VINAY S.A., S/O LATE ANAND GOWDA. AGED ABOUT 33 YEARS.

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BOTH R/AT NO.C-480, VEERBADRASHWARA NILAYA, GOPALA, SHIMOGA - 577 205.

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…RESPONDENTS

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(BY SRI. V.S. NAIK, ADVOCATE FOR R1(A) AND (B))

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NC: 2024:KHC:32249 WP No. 18334 of 2013 C/W WP No. 11864 of 2012

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THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD AND ORDER DATED 30.10.2010 MADE IN IDR NO.20/1999 ON THE FILE OF THE PRESIDING OFFICER, LABOUR COURT, DK, MANGALORE, VIDE ANN-F.

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THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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Joint memo of settlement is filed, duly signed by the legal heirs of the petitioner-Sri Ananda Gowda, who are present before this Court and the HR Manager, the authorized person of the respondent's company and also their respective counsel.

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The terms of the joint memo of settlement reads as under:

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"Accordingly, as agreed by the parties, towards full and final settlement, the Respondent Management herein paid Rs 2,50,000/-(Rupees Two lakh fifty thousand only) by way of cheque dated 27.08.2024, bearing No 040558 to the Respondent as full and final settlement of all the claims and in compliance with the Award passed by the trial Court in IDR 20/1999 dated 30.10.2010. The Full and Final Settlement cheque for Rs 2,50,000/- issued in favor

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4 - NC: 2024:KHC:32249 WP No. 18334 of 2013 C/W WP No. 11864 of 2012

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of Smt Sunanda and her son Mr Vinay also given consent for the same. By virtue of full and final settlement as above, the legal heirs of the Petitioner have agreed to give up all their claims, which including claim for reinstatement, back wages, consequential benefits and any other benefits/claims/demands, Gratuity, continuity of services in whatsoever manner against this Respondent."

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In terms of the joint memo, the parties have agreed to settle the dispute for an amount of Rs.2,50,000/- towards the full and final settlement of the petitioners claim and the respondent is paying Rs.2,50,000/- by way of cheque dated 27.08.2024 bearing No.040558.

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When a query is made to the petitioner Nos.1(a) and 1(b), who are present before this Court, they have agreed to the terms of the settlement. The cheque bearing No.040558 is handed over by the respondent to the petitioners. The joint memo of settlement would form part and parcel of this order. In terms of the joint memo of settlement, the writ petitions stand disposed of subject

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5 - NC: 2024:KHC:32249 WP No. 18334 of 2013 C/W WP No. 11864 of 2012

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to the realization of the cheque and the award of Labour

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Court stands modified.

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Sd/(K.S. HEMALEKHA) JUDGE

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AT List No.: 1 Sl No.: 25

Sri Ananda Gowda C v. the Managing Director

Case brief

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Sri Ananda Gowda C v. the Managing Director

Case brief

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